Nebraska Revised Statutes

Neb. Rev. Stat. § 16-319 (2026)

City attorney; duties; compensation; additional legal assistance

✓ current as of July 2026

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The city attorney of a city of the first class shall be the legal advisor of the city council and other city officers. The city attorney shall commence, prosecute, and defend all suits and actions necessary to be commenced, prosecuted, or defended on behalf of the city, or that may be ordered by the city council. He or she shall attend meetings of the city council and give them his or her opinion upon any matters submitted to him or her, either orally or in writing as may be required. The mayor and city council shall have the right to pay the city attorney additional compensation for legal services performed by him or her for the city or to employ additional legal assistance and to pay for such legal assistance out of the funds of the city. Whenever the mayor and city council have by ordinance so authorized, the board of public works shall have the right to pay the city attorney additional compensation for legal services performed by him or her for it or to employ additional legal assistance other than the city attorney and pay such legal assistance out of funds disbursed under the orders of the board of public works.

Notes of Decisions

Cited in 3 cases, 1959–1986 · leading case: City of Kearney v. Johnson, 385 N.W.2d 427 (Neb. 1986).

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City of Kearney v. Johnson, 385 N.W.2d 427 (Neb. 1986). · cites it 12× “Neb.Rev.Stat. § 16-319 (Reissue 1983) includes in its delineation of a city attorney's power the authority to "commence, prosecute, and defend all suits and actions necessary to be commenced, prosecuted, or defended on behalf of the city, or that may be ordered by the council.”

Arthur Ex Rel. City of Beatrice v. Trindel, 96 N.W.2d 208 (Neb. 1959). · cites it 6× “Defendant alleged that at all times involved the city had a duly appointed city attorney, but no precedent demand was made upon said attorney, as required by section 16-319, R. S. Supp., 1955, to prosecute this action, and it was prematurely brought by plaintiff.”

Commc'n Workers of Am. v. City of Hastings, 254 N.W.2d 695 (Neb. 1977). · cites it 2× “Section 16-319, R. R. S. 1943, provides that the “city attorney shall be the legal advisor of the council and city officers.”

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